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TOWN OF NORTH TOPSAIL BEACH v. FORSTER-PEREIRA

No. COA08-39.

670 S.E.2d 590 (2009)

TOWN OF NORTH TOPSAIL BEACH, Plaintiff, v. Janice M. FORSTER-PEREIRA, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Janice Forster-Pereira, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Andrew Tonkin, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Jack White, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Lance J. Uberseder, Defendant. Town of North Topsail Beach, Plaintiff, v. Bryan Scott Trew, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Andrew G. Tonkin, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Peter R. Macrie, Defendant. Town of North Topsail Beach, Plaintiff, v. James R. Ewalt, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Michael A. Montanaro, et al., Defendants. Town of North Topsail Beach, Plaintiff, v. Carol A. Melling, Defendant. Town of North Topsail Beach, Plaintiff, v. Michael Madonna, et al, Defendants. Town of North Topsail Beach, Plaintiff, v. Peter R. Macrie, Defendant. Town of North Topsail Beach, Plaintiff, v. Robert William Semmler, et al., Defendants.

Court of Appeals of North Carolina.

January 6, 2009.

Attorney(s) appearing for the Case

Robert W. Kilroy, Hampstead, for plaintiff appellant.

Ronald E. VonLembke, Jacksonville, for defendant appellees.

McCULLOUGH, Judge.

Plaintiff appeals trial court's order entered on 6 July 2007. For reasons discussed herein, we affirm.

I. Background

In May of 2006, Town of North Topsail Beach ("plaintiff") filed fourteen separate condemnation actions against defendants listed above (collectively "defendants"). Pursuant to a joint motion, the matters were placed on inactive status on 9 November 2006. On 22 March 2007, defendants filed a motion to consolidate...

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